Question

Is a driver automatically at-fault if they are involved in an accident while being uninsured?

I have uninsured motorist on my policy and the person that hit me didn't have insurance. My insurance company is trying to put me at fault. How can this happen? I provided pictures and a description of how the accident happened and my insurance company said they put me at fault. How can I fight this?

Oct 4, 2016 La Quinta, CA

Answer
Neil Richardson

Oct 4, 2016

Regardless of the coverage on your policy, you can still be considered at-fault during a traffic accident even if the other driver is uninsured. Based on the available information, insurance companies will make a determination of fault and go from there. Other than asking speaking with a supervisor regarding the fault determination with your insurance company, the only other recourse would be to contact an attorney and file a lawsuit. This might seem unsatisfactory and a bit unfair, but it is an incentive to carry additional coverage to protect yourself and your vehicle especially during times when you may be considered at-fault. Best of luck.

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